Gestão coletiva de direitos autorais da execução pública musical no Brasil: o processo de reforma do sistema ECAD pela lei 12.853 de 2013

Ragazzo, Carlos Emmanuel Joppert
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This work aims to analyze the process of legislative reform brought by law 12.853 of 2013 to the Brazilian system of collective management of copyright of public performance rights,that is centralized on the Escritório Central de Arrecadação e Distribuição – Ecad. For this purpose, it is described how this system functioned before that, what were the critics made about it, and the changes made by the new law. It is about the concept of collective management, the organization of this sector in Brazil, the Congressional investigation at the Senate on Ecad, the judgment of this organization by Brazil´s competition authority (CADE) for antitrust violations, the Legislative Procedure of the law and the law suits aiming to declare the new law unconstitutional in the Brazilian Supreme Court. Thus, it is exposed the substitution of the autonomy by the regulation paradigm, witch is better to the Brazilian collective management landscape to solve the many problems detected and to improve the situation of right owners and users. In this conflict-ridden field, it is now in the hands of the Supreme Court to declare the new law as abiding the Constitution.

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